Slade v Abbhi

Slade v Abbhi

The Defendant had not waived the requirement for personal service as his solicitor lacked knowledge of the mandatory requirement at the relevant time and later expressly denied waiver; substituted/alternative service was not justified as there was no prior attempt at personal service, no evidence of avoidance, and no exceptional circumstances; the lack of permission to serve out of jurisdiction was fatal to the application.

Parties
Claimant: Richard John Slade; Defendant: Deepak Abbhi
Jurisdiction
England and Wales
Judgment Date
20 April 2020
Procedural Posture
Judgment Debtor Examination / Application to Set Aside/vary Order for Substituted Service
Outcome
Defendant's application to set aside order succeeds.
Legal Topics
Service of Court Documents, Judgment Debtor Examination, Waiver of Personal Service, Substituted/alternative Service, Hague Service Convention
Civil Procedure Service of Court Documents Judgment Debtor Examination Waiver of Personal Service Substituted/alternative Service Hague Service Convention

Case Brief

Summary, issues, holding and outcome

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Parties

Richard John Slade

Claimant

Deepak Abbhi

Defendant

Procedural Posture

Judgment Debtor Examination / Application to Set Aside/vary Order for Substituted Service

Legal Issues

  1. 1 Whether the Defendant waived the requirement for personal service under CPR 71.3
  2. 2 Whether substituted/alternative service was properly ordered under CPR 6.15/6.27
  3. 3 Whether the ex parte order was appropriate given the Defendant's residence in a Hague Service Convention territory

Ratio Decidendi

The Defendant had not waived the requirement for personal service as his solicitor lacked knowledge of the mandatory requirement at the relevant time and later expressly denied waiver; substituted/alternative service was not justified as there was no prior attempt at personal service, no evidence of avoidance, and no exceptional circumstances; the lack of permission to serve out of jurisdiction was fatal to the application.

Court Disposition

Defendant's application to set aside order succeeds.

Orders

  • Order of Deputy Master Kay QC dated 13th February 2020 set aside, except paragraph 3 (permission to ask further questions)